A Comprehensive Guide to NCPCR’s Support Person Guidelines

The “Model Guidelines with Respect to Support Persons Under POCSO Act” developed by the National Commission for Protection of Child Rights (NCPCR) serve as a framework to ensure comprehensive support for child victims of sexual offenses during legal proceedings. These guidelines emphasize the critical role of support persons, who are professionals or experts with knowledge in psychology, social work, child development, and related fields, in providing emotional, psychological, and legal assistance to child victims. This notification was published on August 21, 2024.

Key components of the guidelines:

1. Principles of the POCSO Act, 2012:
   • Right to Life and Survival: Emphasizes the child’s right to protection from abuse and a chance for harmonious development.
   • Best Interests of the Child: prioritizes the child’s welfare and protection throughout the judicial process.
   • Dignity and compassion: ensures sensitive treatment of child victims, respecting their personal situation and needs.
   • Protection from Discrimination: acknowledges the importance of being sensitive to the child’s background and needs.
   • Preventive Measures: Highlights the need for preventive actions to protect children from victimization.
   • Right to Information: Ensures that child victims are informed about their rights, the legal process, and the specifics of their case.
   • Right to Be Heard: Guarantees the child’s right to express their views and concerns in matters affecting them.
   • Effective Assistance: Mandates necessary support services for the child’s healing and participation in the justice process.
   • Privacy: Protects the child’s identity and privacy throughout the legal proceedings.
   • Right to Justice and Safety: Aims to minimize the stress and risks faced by child victims during the judicial process.
   • Right to Compensation: Provides for compensation to child victims for their relief and rehabilitation.
2. Qualification and Appointment of Support Persons:
   • Mandatory Appointment: A Support Person is mandatory in all POCSO cases unless the child victim or their guardian explicitly declines in writing.
   • Qualifications: Support Persons must hold a postgraduate degree in social work, sociology, psychology, or child development, or have substantial experience in child-related fields.
   • Empanelment Process: Involves a rigorous selection process, including interviews by a committee of experts, followed by background verification.
3. Roles and responsibilities of support persons:
   • Emotional and Psychological Support: Provide consistent support to the child throughout the investigation and trial stages.
   • Communication: Act as a bridge between the child and the judicial system, ensuring that the child’s rights and needs are adequately addressed.
   • Remuneration: Support persons receive monthly allowances based on the number of cases handled, with travel allowances provided for accompanying the child to necessary locations.
4. Monitoring and Database Management:
   • The District Child Protection Officer (DCPO) is responsible for maintaining a database of support persons and ensuring that their details are updated on the NCPCR’s POCSO Tracking Portal.
   • The State Commission for Protection of Child Rights (SCPCR) monitors the proper execution of these guidelines at the state level.

These guidelines are crucial for creating a uniform approach across states and union territories, ensuring that child victims of sexual offenses receive the necessary support and protection throughout the legal process.